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Practical manual for Income Tax 2024. Volume 1
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Example: Application of the deduction for investment in companies of new or recent creation

Following the closure of the optician's shop where four employees worked, they decided to open a new establishment of this type in Zaragoza, for which they established the public limited company XX in January 2024 with an initial capital of 300,000 euros (300 shares).

Mr. JASM, resident in Zaragoza (former client of the optician's that closed) decides to invest in the new business and subscribes in 2024 a total of 110 shares of the public limited company "XX":

  • 50 shares in March (50,000 euros)

  • 60 shares in November (60,000 euros)

Determine the amount of the deduction for investment in newly created or recently established companies in 2024, assuming the requirements for applying it are met.

Solution:

Previous note: Taxpayers residing in the Autonomous Community of Aragon can apply in the 2024 fiscal year both the state deduction for investment in the acquisition of shares and equity interests in new or recently created entities, as well as the regional deduction. However, according to the regional regulations applicable in the 2024 fiscal year, the taxpayer can only apply the regional deduction on the amount invested that exceeds the maximum base of the state deduction for investment in the acquisition of shares or equity interests in new or recently created entities provided for in the aforementioned article 68.1 of the Personal Income Tax Law .

Total amount invested in 2024 (50,000 + 60,000) = 110,000

Deduction in the total state quota

  • Investment amount with right to deduction (1) = 100,000

    • Maximum deduction base: 100,000

    • Effective deduction base: 110,000

  • Deduction amount (100,000 x 50%) = 50,000

Deduction in the total regional quota

  • Investment amount with right to deduction (2) = 10,000

  • Deduction amount (10,000 x 20%) (3) = 2,000

Notes to the example:

(1) Amounts invested in 2024 will be eligible for deductions provided they meet the requirements set forth in Article 68.1.1 of the Tax Law, with the maximum deduction base, from January 1, 2023, being €100,000 per year and the applicable percentage being 50%. Please also note that if the shares are held for a minimum of 3 years from the date of investment, their sale or transfer may benefit from the exemption of the capital gains generated provided that the amount obtained is reinvested in shares of new or recently created companies. (Back)

(2) The €10,000 of the €110,000 invested in 2024 that exceeds the maximum base for the state deduction may serve as the basis for the deduction for investment in the acquisition of shares or equity interests in new or recently created entities established by the Autonomous Community of Aragon in the exercise of its powers, provided they meet the required requirements and conditions. (Back)

(3) In the regional deduction, the applicable deduction percentage is 20% with a maximum amount of 4,000 euros, which in this case is not exceeded. (Back)